2022-21103
[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59064-59065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21103]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities under OMB Review
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act of 1995
(``PRA''), this notice announces that the Information Collection
Request (``ICR'') abstracted below has been forwarded to the Office of
Information and Regulatory Affairs (``OIRA''), of the Office of
Management and Budget (``OMB''), for review and comment. The ICR
describes the nature of the information collection and its expected
costs and burden.
DATES: Comments must be submitted on or before October 31, 2022.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be submitted within 30 days of this
notice's publication to OIRA, at https://www.reginfo.gov/public/do/PRAMain. Please find this particular information collection by
selecting ``Currently under 30-day Review--Open for Public Comments''
or by using the website's search function. Comments can be entered
electronically by clicking on the ``comment'' button next to the
information collection on the ``OIRA Information Collections Under
Review'' page, or the ``View ICR--Agency Submission'' page. A copy of
the supporting statement for the collection of information discussed
herein may be obtained by visiting https://www.reginfo.gov/public/do/PRAMain.
In addition to the submission of comments to https://Reginfo.gov as
indicated above, a copy of all comments submitted to OIRA may also be
submitted to the Commodity Futures Trading Commission (the
``Commission'' or ``CFTC'') by clicking on the ``Submit Comment'' box
next to the descriptive entry for OMB Control No. 3038-0067, at https://comments.cftc.gov/FederalRegister/PublicInfo.aspx.
Or by either of the following methods:
Mail: Christopher Kirkpatrick, Secretary of the
Commission, Commodity Futures Trading Commission, Three Lafayette
Centre, 1155 21st Street NW, Washington, DC 20581.
Hand Delivery/Courier: Same as Mail above.
All comments must be submitted in English, or if not, accompanied
by an English translation. Comments submitted to the Commission should
include only information that you wish to make available publicly. If
you wish the Commission to consider information that you believe is
exempt from disclosure under the Freedom of Information Act, a petition
for confidential treatment of the exempt information may be submitted
according to the procedures established in Sec. 145.9 of the
Commission's regulations.\1\ The Commission reserves the right, but
shall have no obligation, to review, pre-screen, filter, redact, refuse
or remove any or all of your submission from https://www.cftc.gov that
it may deem to be inappropriate for publication, such as obscene
language. All submissions that have been redacted or removed that
contain comments on the merits of the ICR will be retained in the
public comment file and will be considered as required under the
Administrative Procedure Act and other applicable laws, and may be
accessible under the Freedom of Information Act.
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\1\ 17 CFR 145.9.
FOR FURTHER INFORMATION CONTACT: Andrew Chapin, Associate Chief
Counsel, Market Participants Division, Commodity Futures Trading
Commission, (202) 418-5465; email: [email protected], and refer to OMB
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Control No. 3038-0067.
SUPPLEMENTARY INFORMATION:
Title: Part 162--Protection of Consumer Information under the Fair
Credit Reporting Act (OMB Control No. 3038-0067). This is a request for
extension of a currently approved information collection.
Abstract: On July 21, 2010, President Obama signed into law the
Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank
Act'').\2\ Title X of the Dodd-Frank Act, which is titled the Consumer
Financial Protection Act of 2010 (``CFP Act''), amends a number of
federal consumer protection laws enacted prior to the Dodd-Frank Act
including, in relevant part, the Fair Credit Reporting Act
[[Page 59065]]
(``FCRA'') \3\ and the Fair and Accurate Credit Transactions Act of
2003 (``FACT Act'').\4\ Specifically, Section 1088 of the CFP Act sets
out certain amendments to the FCRA and the FACT Act directing the
Commission to promulgate regulations that are intended to provide
privacy protections to certain consumer information held by an entity
that is subject to the jurisdiction of the Commission.
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\2\ Pub. L. 111-203, 124 Stat. 1376 (2010).
\3\ 15 U.S.C. 1681-1681x.
\4\ Public Law 108-159, 117 Stat. 1952, 1980 (2003).
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Section 1088 amends section 214(b) of the FACT Act--which added
section 624 to the FCRA in 2003--and directs the Commission to
implement the provisions of section 624 of the FCRA with respect to
persons that are subject to the Commission's enforcement jurisdiction.
Section 624 of the FCRA gives a consumer the right to block affiliates
of an entity subject to the Commission's jurisdiction from using
certain information obtained from such entity to make solicitations to
that consumer (hereinafter referred to as the ``affiliate marketing
rules'').\5\ Under the affiliate marketing rules, the entities covered
by the regulations are expected to prepare and provide clear,
conspicuous and concise opt-out notices to any consumers with whom such
entities have a pre-existing business relationship. A covered entity
only has to provide an opt-out notice to the extent that an affiliate
of the covered entity plans to make a solicitation to any of the
covered entity's consumers. The purpose of the opt-out notice is to
provide consumers with the ability to prohibit marketing solicitations
from affiliate businesses that do not have a pre-existing business
relationship with the consumers, but that do have access to such
consumers' nonpublic, personal information. A covered entity is
required to send opt-out notices at the maximum of once every five
years.
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\5\ The affiliate marketing rules are found in part 162, subpart
A (Business Affiliate Marketing Rules) of the CFTC's regulations. 17
CFR part 162, subpart A.
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Section 1088 of the CFP Act also amends section 628 of the FCRA and
mandates that the Commission implement regulations requiring persons
subject to the Commission's jurisdiction who possess or maintain
consumer report information in connection with their business
activities to properly dispose of that information (hereinafter
referred to as the ``disposal rules'').\6\ Under the disposal rules,
the entities covered by the regulations are expected to develop and
implement a written disposal plan with respect to any consumer
information within such entities' possession. The regulations provide
that a covered entity develop a written disposal plan that is tailored
to the size and complexity of such entity's business. The purpose of
the written disposal plan is to establish a formal plan for the
disposal of nonpublic, consumer information, which otherwise could be
illegally confiscated and used by unauthorized third parties. Under the
rules, a covered entity is required to develop a written disposal plan
only once, but may subsequently amend such plan from time to time.
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\6\ The disposal rules are found in part 162, subpart B
(Disposal Rules) of the CFTC's regulations. 17 CFR part 162, subpart
B.
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In addition, section 1088 of the CFP Act amended the FCRA by adding
the CFTC and the Securities and Exchange Commission (``SEC,'' together
with the CFTC, the ``Commissions'') to the list of federal agencies
required to jointly prescribe and enforce identity theft red flags
rules and guidelines and card issuer rules. Thus, the Dodd-Frank Act
provides for the transfer of rulemaking responsibility and enforcement
authority to the CFTC and SEC with respect to the entities under their
respective jurisdiction. Accordingly, the Commissions have issued final
rules and guidelines (hereinafter referred to as the ``identity theft
rules'') \7\ to implement new statutory provisions enacted by the CFP
Act that amend section 615(e) of the FCRA and direct the Commissions to
prescribe rules requiring entities that are subject to the Commissions'
jurisdiction to address identity theft. Under the identity theft rules,
entities covered by the regulation are required to develop and
implement reasonable policies and procedures to identify, detect, and
respond to relevant red flags for identity theft that are appropriate
to the size and complexity of such entity's business and, in the case
of entities that issue credit or debit cards, to assess the validity
of, and communicate with cardholders regarding, address changes.\8\
They are also required to provide for the continued administration of
identity theft policies and procedures.
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\7\ The CFTC's identity theft rules are found in part 162,
subpart C (Identity Theft Red Flags) of the CFTC's regulations. 17
CFR part 162, subpart C.
\8\ The CFTC understands that CFTC-regulated entities generally
do not issue credit or debit cards, but instead may partner with
other entities, such as banks, that issue cards on their behalf.
These other entities, which are not regulated by the CFTC, are
already subject to substantially similar change of address
obligations pursuant to other federal regulators' identity theft red
flags rules. Therefore, the CFTC does not expect that any CFTC-
regulated entities will be subject to the related information
collection requirements under the CFTC's identity theft rules.
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An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. On July 22, 2022, the Commission
published in the Federal Register notice of the proposed extension of
this information collection and provided 60 days for public comment on
the proposed extension, 87 FR 43797 (``60-Day Notice''). The Commission
did not receive any relevant comments on the 60-Day Notice.
Burden Statement: The Commission is revising its burden estimate
for this collection to reflect its estimate of the current number of
CFTC registrants subject to the requirements of part 162 regulations.
The respondent burden for this collection is estimated to be as
follows:
Estimated Number of Respondents: 4,420.
Estimated Total Annual Burden Hours: 58,090.
Frequency of Collection: As applicable.
There are no capital costs or operating and maintenance costs
associated with this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: September 26, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022-21103 Filed 9-28-22; 8:45 am]
BILLING CODE 6351-01-P